State of Tennessee v. Ricky Joe Awatt
W2003-02680-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Roy B. Morgan, Jr.

The appellant was convicted in the Madison County Circuit Court of the first degree premeditated murder of Junecus Bolden. The appellant received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant raises issues regarding the admission of certain testimony and the propriety of the State’s rebuttal closing argument. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Judy Gay Todd v. Continental Casualty Company
W2003-01019-WC-R3-CV
Authoring Judge: James F. Butler, Sp. J.
Trial Court Judge: George R. Ellis, Chancellor
The trial court determined that the plaintiff suffered a 69% vocational impairment to the body as a whole. The defendant insurer asserts that: 1) that the plaintiff had a meaningful return to work and that the 2.5 times caps should apply; and 2) that if the caps do not apply, the award was excessive and not supported by the evidence. For the reasons set forth below, we affirm the judgement of the trial court.

Christopher Grey Cummings v. Pepper Lynne Werner Cummings
M2003-00086-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Russell Heldman

The trial court granted the husband a divorce on the ground of the wife’s adultery and made various rulings regarding the parenting arrangement for the parties’ one year old son, child support, property division, and award of attorney’s fees. The parties have appealed most of the those rulings. Although we affirm the equal sharing of residential placement, we find the six month alternating schedule is not in this child’s best interests. We also find other parts of the plan must be vacated in view of recent holdings by the Tennessee Supreme Court. Therefore, we vacate the parenting plan and remand for entry of a new permanent parenting plan addressing the residential schedule, the designation of primary residential parent, allocation of decision-making authority, and child support. In the interim, we reinstate the trial court’s pendente lite arrangement, as modified, and establish interim support. We affirm the division of property, modify the allocation of debt, and modify the award of attorney’s fees.
 

Linda C. Gorrell v. Tyree B. Harris, IV
M2003-00629-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Max D. Fagan

This is a child support modification case. The child involved was born out of wedlock to the parties on June 13, 1996. Mother brought suit in the Juvenile court of Davidson County in July of 1996 seeking to establish paternity of the father and to establish child support. Both parties were represented by counsel, and on May 30, 1997, the juvenile court entered an Order of Compromise and Dismissal. The parties settled the case by Settlement Agreement under which Mr. Harris agreed to pay to Ms. Clark (now Gorrell) the sum of $20,000 cash for any and all claims against Mr. Harris through June 30 of 1998, including her child support claims as to the minor child. From June 13, 1998 forward, Mr. Harris agreed to pay $12,000 per year as child support together with medical insurance until the child reached age 18. On February 23, 2001, Mother filed a Petition to Modify the child support in order to bring it in compliance with Child Support Guidelines. The trial court held the Settlement Agreement to be void and set prospective child support but declined to either award retroactive child support or to order an upward deviation in child support because of failure of the father to visit the child. We affirm the ruling of the trial court that the Settlement Agreement is void, modify prospective child support, reverse the trial court on retroactive child support, deny an upward deviation as to retroactive support, but grant such deviation as to future support. The case is remanded for further proceedings.
 

Robert Holloway v. State of Tennessee
M2003-02274-CCA-R3-CO
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert E. Burch

This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court.

Michael Brown v. State of Tennessee
M2003-02955-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert L. Holloway

This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court.

State of Tennessee v. Raymond Sunil Tate
E2004-00873-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Douglas A. Meyer

The petitioner, Raymond Sunil Tate, appeals from the denial of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition does not establish either an expired sentence or a void judgment. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

James Dubose v. State of Tennessee, Kevin Myers, Warden
M2004-01021-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jim T. Hamilton

This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court.

State of Tennessee v. Patricia White and Craig White - Dissenting
W2003-00751-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge L. Terry Lafferty

The majority concludes that modification of the defendant, Patricia White’s, sentence is
required in light of the United States Supreme Court’s recent decision in Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). For the following reasons, I must respectfully dissent.

State of Tennessee v. Patricia White and Craig White
W2003-00751-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge L. Terry Lafferty

A Gibson County jury convicted Patricia White of theft of property valued over $10,000, a Class C felony; the trial court sentenced her to a term of four years, suspended, and fifteen years’ probation. The same jury also convicted Patricia White’s husband, Craig White, of facilitation of theft of property valued over $10,000; the trial court sentenced him to a term of two years suspended, and two years’ probation. As a condition of probation, the trial court held the couple jointly liable for $124,000 in restitution. On appeal the defendants contend that the trial evidence is insufficient to support their convictions. They also contest the amount of restitution they have been ordered to pay. After an exhaustive review of the record, the briefs of the parties, and applicable law, we conclude that the evidence is sufficient to support Patricia White’s conviction, but we are unable to reach the same conclusion for Craig White’s facilitation conviction. Accordingly, we affirm Patricia White’s conviction; the conviction of Craig White is reversed, and the charge is dismissed. Finding that the trial court made inadequate findings in assessing restitution, we further remand that issue for determination based on the required statutory findings. Finally, we take notice that based on three statutory enhancement factors (none of which involved prior criminal history), the trial court set the length of Patricia White’s sentence at one year above the presumptive minimum sentence of three years; pursuant to Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004), we modify her sentence to three years but leave undisturbed the length and terms of her probation.

State of Tennessee v. Ronnie W. Salmon
W2003-02402-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge C. Creed McGinley

Following a jury trial, Defendant, Ronnie W. Salmon, was convicted of driving under the influence of an intoxicant, second offense, a Class A misdemeanor. The trial court sentenced Defendant to eleven months, twenty-nine days, all suspended but sixty days. Defendant does not appeal his sentence. Defendant argues on appeal that the evidence was insufficient to support his conviction, that certain remarks made by the prosecutor during closing argument were improper, and that the trial court erred in not granting Defendant a mistrial on the basis of the prosecutor’s comments during closing argument. We affirm the judgment of the trial court.

Clyde Douglas Bishop v. Earthgrains Baking Companies
E2003-02714-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Lawrence Puckett, Judge
The Plaintiff claimed to have suffered a compensable back injury. The evidence revealed that he had a congenital back condition which was not aggravated by the claimed injury, and his suit was dismissed. The judgment of dismissal is affirmed. The trial judge disallowed discretionary costs because to allow such costs would deter the filing of workers' compensation cases. On the issue of discretionary costs we reverse and remand for a determination and award of discretionary costs.

Leslie Lamont Coleman v. State of Tennessee
M2003-01755-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Petitioner, Leslie Lamont Coleman, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

Donzel A. Watson v. State of Tennessee
M2003-02273-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl A. Blackburn

The Petitioner, Donzel A. Watson, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

In re: D.N.G., S.D.P., et ux, J.A.S.P., v. R.L.G. and K.S.R.
M2003-02810-COA-R3-PT
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge Betty Adams Green

The Trial Court terminated the mother’s parental rights to the four year old child. On appeal, we
Affirm.
 

First Tennessee Bank, N.A., Executor, Estate of Glenn P. Webb, Sr. v. Barbara Webb Stanfield, Paul W. Stanfield, Jr., Alicia M. Stanfield, et al.
E2003-02756-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor W. Frank Brown, III

The Chancellor construed a will and granted plaintiff summary judgment. Defendants insist the will is ambiguous. On appeal, we affirm.

Joe Bobby Yarbro v. State of Tennessee
W2004-00751-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge R. Lee Moore Jr.

The Petitioner, Joe Bobby Yarbro, appeals the trial court's denial of his petition for postc-onviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petition for post-conviction relief is time-barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court.

Alfonzo Williams v. State of Tennessee
W2004-00325-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Carolyn Wade Blackett

The petitioner, Alfonzo Williams, appeals the post-conviction court’s summary dismissal of his petition for post-conviction relief, alleging that the post-conviction court erroneously found that his petition was barred by the statute of limitations. Upon our review of the record and the parties’ briefs, we reverse the post-conviction court’s summary dismissal of the petition and remand for further proceedings consistent with this opinion.

Anthony K. Goods v. Tony Parker, Warden
W2003-02914-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Anthony K. Goods, appeals the Lake County Circuit Court’s dismissal of his petition for habeas corpus relief. We affirm in part and reverse in part.

Janet Simpson v. Donaldson Co., Inc.
E2003-02347-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Ben W. Wexler, Judge
The trial court dismissed the claim finding the employee's condition did not arise out of her employment. Plaintiff appeals and argues the evidence preponderates against the conclusion of the trial court. Judgment affirmed.

Lori Ann Johnson v. Mckee Foods Corporation
E2003-02899-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Howell N. Peoples, Chancellor
The trial court dismissed the claim holding it was barred by the expiration of the one year statute of limitations. The judgment is reversed as an issue of fact exists as to whether the statute of limitations should be suspended until the employee learned of her disability from her doctor.

Ellis L. Woods v. Lockheed Martin Energy Systems, Inc.
E2003-01789-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Frank Williams III, Chancellor
The Plaintiff sustained a gradual hearing loss while working for successive employers performing essentially the same duties. The trial judge held that the last-injurious employment rule applied. We affirm.

Donna Payton v. Mckenzie Valve and Machining
W2003-02094-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: C. Creed Mcginley, Judge
In this appeal, Employer argues: (i) that the trial court erred in allowing the testimony of one of Employee's witnesses; (ii) that the evidence preponderates against the trial court's finding that Employee's injury was caused by her employment; and (iii) that the evidence preponderates against the trial court's award of 37.5% permanent partial disability to each arm. We conclude that the evidence fails to preponderate against the trial court's decision to allow the testimony of Employee's witness, the trial court's finding that Employee's injury was caused by her employment, and the trial court's award of 37.5% permanent partial disability to each arm. We, therefore, affirm the judgment of the trial court.

Danny Capps v. Anvil International, Inc.
W2003-01414-SC-WCM-CV
Authoring Judge: Joe H. Walker, III, Sp.J.
Trial Court Judge: Joe C. Morris, Chancellor
The trial court found that employee suffered a permanent partial disability of 15% to the right arm. We affirm.

Bernard Falcicchio v. Gibson Mechanical Contractors,
W2003-02078-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: George H. Brown, Jr., Judge
In this appeal, Employee argues that the trial court erred in granting the motion to dismiss filed by Gibson Mechanical Contractors, Inc. and Amerisure Insurance Company. We conclude that the trial court erred granting the motion to dismiss and reverse the judgment of the trial court.